Will Gina Hinojosa Legalize Marijuana in Texas? Her Stance and a Realistic Timeline

Readers keep asking whether Gov.-elect Gina Hinojosa will legalize marijuana in Texas. The short answer is that she cannot do it alone, and the most specific promise we found is narrower than “legalize.” She has said she wants to give Texans a right to vote on the future of THC. This guide separates what she has said from what advocacy groups say about her, explains the steps the Legislature would have to take, and ends with how to ask your own lawmakers to prioritize legalization, regulation or decriminalization.

What Hinojosa Has Actually Said

The clearest direct statement came after the election. As ABC13 reported, she said Texas would “protect children” and “protect our freedoms by giving the people of Texas a right to vote on the future of THC.” KSAT described the video as criticizing the state’s THC regulations. Before the election, the Texas Tribune’s governor’s race guide summarized her position the same way: she would push for voters to decide THC regulations and child protections through a public vote.

Two things are worth noticing. First, the statements are about THC, a term that in Texas politics usually means hemp-derived products such as gummies, drinks and THCA flower, which are legally separate from marijuana. Second, none of the sources we reviewed quotes her pledging to legalize adult-use marijuana, to sign a legalization bill or to veto a hemp ban.

Statements versus ratings

Advocacy groups describe her more broadly than her own words do. The Marijuana Policy Project’s voter guide graded her an A, said she co-sponsored both decriminalization and comprehensive medical cannabis legislation, and listed her as supporting legal possession and a legal market. The Texas Hemp Business Council’s voter guide summarized her as supporting a regulated hemp marketplace and freedom of choice, and called her “aligned.” Those are the groups’ characterizations, not her quotes. We have not independently pulled the text of the bills the MPP describes, so check them on Texas Legislature Online before citing them.

What a Texas Governor Can and Cannot Do

Our legalization path guide covers the full process. In brief, a governor cannot repeal the marijuana possession offense by executive order. The office can recommend legislation, put items on a special-session agenda, sign or veto a bill, and direct agencies within the law. Abbott used that last power in 2025, when, per the Tribune, he ordered stricter THC regulations after vetoing the ban. A governor sympathetic to reform makes a bill more likely to survive the final step, but a bill still has to get there.

How Talarico and Goodwin Fit In

You asked about James Talarico and Vikki Goodwin too. Both ran on hemp and THC, according to Marijuana Moment, but their jobs give them different powers.

The Texas Hemp Business Council’s sheet also says Goodwin supports adult access to hemp-derived products. The point for planning is that two of the three can influence Texas law, and neither can pass a bill without the House and Senate.

The Math Problem: Where the Votes Are

The Associated Press has called Democratic control of the House, while Republicans kept the Senate. That split shapes every route.

• An ordinary bill needs a majority in each chamber and the governor’s signature, so the Senate’s Republican majority is the main hurdle for adult-use legalization. Lt. Gov. Dan Patrick said before the election, “I’m not going to legalize marijuana in Texas,” per KUT, though he lost his seat to Goodwin.
• A ballot vote requires a constitutional amendment, which needs two-thirds of all members of each chamber: 100 of 150 House members and 21 of 31 senators. In the last House tally we verified, on November 4, Democrats had won or led 83 of 150 races, and they hold 12 Senate seats, so a referral needs substantial Republican support in both chambers.
• The 2025 evidence cuts both ways. The Senate gave the hemp ban final approval 25-6 and Abbott vetoed it, which shows both how hostile the Senate has been and how the governor’s desk can matter. See our election results report for the full numbers.

Why a “Right to Vote” Is Not a Shortcut

Texas has no statewide citizen initiative, so voters cannot place a marijuana measure on the ballot by petition. The only statewide route is for the Legislature to send a constitutional amendment to voters, and, as our path guide explains, legalization does not legally require one. A referral would be a political choice: a way to let voters weigh in before or after lawmakers act. Even a successful “yes” would likely not create a legal market by itself, because a bill would still have to set age limits, licensing, taxes and enforcement.

Local votes are a different thing. Houston voters approved Prop A on Election Day, and a San Antonio councilman is looking at cannabis legalization, per KSAT, but city measures cannot override state law. We explain the limits in our Prop A analysis.

A Realistic Timeline

The fixed dates come from the Texas Legislature’s calendar. The scenarios are our analysis, not predictions, and they depend on bills that have not been filed.

Two cautions. A special session can only take up what the governor puts in the proclamation, so a failed regular-session bill does not automatically get a second hearing. And the House is elected every two years, so the 2028 elections could change the math again. For the full legislative process, see the path guide.

How to Contact Your Rep and Push for Action

An election promise becomes law only when lawmakers file, hear and vote on bills. You have two lawmakers who vote on your behalf: one state representative and one state senator. The earlier you contact them, the more weight it carries, because prefiling starts Monday and committee assignments are made in January.

1. Find them. Use the Texas Cannabis Action Center to look up both from your address and prepare an editable email.
2. Pick one ask. The three below are different policies. Choose the one you want.
   • Regulation: keep hemp THC products legal with age limits, testing and labeling, instead of a ban.
   • Decriminalization: reduce or remove criminal penalties for small amounts of marijuana.
   • Legalization: authorize a regulated adult-use market, or refer the question to voters.
3. Name a bill when one exists. After November 9, search Texas Legislature Online and ask whether your lawmaker will co-sponsor or vote for a specific bill number. “Will you support HB (number)?” is harder to dodge than a general opinion.
4. Ask about committees. If your lawmaker sits on a committee that handles criminal justice, public health or agriculture, ask them to schedule or advance the bill. Most bills die in committee.
5. Ask the new governor’s office, too. Once Hinojosa takes office, write to ask which bill she supports for the “right to vote” and whether she will sign or veto a hemp ban. That turns a slogan into a record you can check.
6. Show up. Register a position or testify at hearings. Our 2027 involvement guide covers how, plus an accountability sheet.

A short template you can adapt

Be accurate and courteous, and write once per ask. Staff track the volume of constituent messages on an issue, and a clear request with an address is more useful than a form letter from outside the district.

What Changes for Shoppers and Patients Right Now

Nothing today. The health department’s THCA rules, the pending hemp appeal and the Dec. 11 federal hemp redefinition govern what is on shelves, and the medical program runs under its own statute. Our THCA legal guide and Texas medical card guide cover what applies now.